LALIT HURKAT Vs. PREMKALI

JUDGEMENT

(1.) Feeling aggrieved by the judgment and decree dated 12.10.2009 passed by learned First Additional District Judge, Khurai District Sagar in Civil Suit No.97-A/2006 whereby the suit of plaintiff for eviction on the ground envisaged under Section 12(1) (a) and (f) of M.P. Accommodation Control Act 1961 (for brevity "Act") has been decreed, this appeal under Section 96 of CPC has been filed by the defendant.

(2.) Here in this appeal where the "plaintiff" is mentioned it would mean "respondent" and similarly "defendant" would mean the "appellant".

(3.) In brief the suit of the plaintiff is that the defendant is her tenant @Rs.1000/- per month and the tenancy commences from the first date of each month and terminates on the last date of that month. The rent is due upon the tenant-defendant from September 2001 but despite repeated demands the defendant did not pay the rent due upon him which is Rs.75,000/-. But, since some of the rent has become time-barred hence she has filed a suit for realization of rent of three years prior to the date of suit which is 28.11.2006 and has thus claimed Rs.45,000/- towards rent. According to plaintiff, despite having sent the demand notice to pay the rent, the same has not been paid to her by the tenant within two months as a result of which she has filed the suit inter alia on the ground envisaged under Section 12(1)(a) of the Act.